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Police Can’t Seal Immovable Property Of A Citizen On Suspicion

In Nishar Hussain vs State of Chattisgarh, the police had sealed a shop on the ground that the properties stored in the shop in relation to which there existed suspicion of some cognizable offence having been committed in relation thereto, could not be conveniently transported to some other place or because of the difficulties in securing proper accommodation for the custody thereof.

The Jharkhand High Court referred to a judgment of the same court in Bishwanath Paul v. State of Jharkhand which had held that "Keeping in mind the ambit and scope of Section 102 of the CrPC and the ratio laid down by the Full Bench of the Bombay High Court in Sudhir Vasant Karnataki Mohideen Mohammed Sheik Dawood (supra), this Court is also of the considered opinion that under Section 102(1) of the CrPC the police have no power to seal the immovable property and the word seize under Section 102 of the CrPC used under Section 102 of the CrPC would mean only actual taking possession of the movable property. I find myself in complete agreement with the ratio laid down by the Full Bench of the Bombay High Court in the aforementioned decision with regard to the powers of the police officer to attach immovable property under Section 102(1) of the CrPC."

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